Executive Action – Immigration / DAPA

Acción Ejecutiva – Inmigración / Expansión de la Acción Diferida (DAPA)

Llame a Don Chairez hoy al (888) 627-9996 para obtener asesoramiento acerca de la reciente acción ejecutiva  sobre la inmigración! Don Chairez es abogado, y es miembro de la California y Nevada State Bares. Él es también un ex juez de la Corte de Distrito. Tiene más de 30 años de experiencia legal y es un abogado de inmigración altamente cualificado. Él le ayudará a prepararse para su aplicación y proporcionar la orientación necesaria para que pueda navegar con seguridad este difícil proceso.

Executive Action – Immigration / Deferred Action Expansion (DAPA)

Call Don Chairez today at (888) 627-9996 for advice about the recent executive action concerning immigration! Don Chairez is a lawyer, and is a member of both the California and Nevada State Bars. He is also a former District Court Judge. He has over 30 years of legal experience and is a highly skilled immigration attorney. He will help you prepare for your application and provide the necessary guidance so you can safely navigate this difficult process.

What will Obama’s executive action do?

On November 20, 2014 President Obama announced significant changes to the U.S. immigration system via executive action.

See the DHS memo regarding the Obama Administration’s executive action:

DHS Deferred Action Memo

The executive action will have two key components:

1. Provides legal relief to the undocumented parents of U.S. citizens and permanent residents who’ve resided in the U.S. for at least five years. This will remove the threat of deportation, and allow for participants to receive work permits. This program will be called Deferred Action for Parental Accountability (DAPA).

2. Expands the 2012 Deferred Action for Childhood Arrivals (DACA) program that allowed younger immigrants, under 30 years old, who arrived as children to apply for a deportation deferral and who are now here legally. Immigrants older than 30 now qualify, as do more recent arrivals.

People in each group will have to reapply every three years. The executive action will also include:

  • A program to facilitate visas for foreign investors and those who seek science, technology, engineering and math degrees
  • Modifying federal immigrant detention procedures
  • Adding resources to strengthen border security

Unfortunately, the action will NOT:

  • Expand protection to hundreds of thousands of parents of young immigrants who participated in the DACA program.
  • Expand visas for migrant farm workers.
  • Expand existing H-1B visa program for highly skilled foreigners
  • Allow access to the Affordable Care Act (Obamacare) for newly protected immigrants

Here are the four important things that you should also know about the executive actions impacting undocumented immigrants in the United States.

1. Requirements to qualify for relief from deportation.

Eligible immigrants will have the opportunity to request temporary relief from deportation if they come forward and pass criminal and national security background checks and pay a fee. They will also be eligible for work authorization and must start paying their fair share of taxes. To qualify, individuals must show that they are:

A parent of a U.S. citizen or lawful permanent resident as of the date of the announcement (regardless of the age of the child), have been in the United States for at least five years (starting on January 1, 2010), are not an enforcement priority, and present no other factors that would make a grant of deferred action inappropriate, or

An individual who arrived in the U.S. before turning 16 years old and has been continuously present for at least five years (starting on January 1, 2010) regardless of how old they are today, and present no other factors that would make a grant of deferred action inappropriate.

2. You cannot apply for several months.

The U.S. government—and specifically USCIS—will not begin accepting applications until early to mid-2015, depending on the program.

But while the government is not accepting applications now, if you believe you are eligible for one or more of the initiatives, it is in your best interest to prepare by gathering documents that establish your identity, relationship to a U.S. citizen or lawful permanent resident (if applying on that basis) and show that you have continuously lived in the United States for at least five years. Some of the documents you may want to start gathering include:

  • Travel records
  • Hospital or medical records
  • Rent receipts or utility bills
  • Employment records (pay stubs, W-2 Forms, etc.)
  • Official records from a religious entity confirming participation in a religious ceremony
  • Copies of money order receipts for money sent in or out of the country
  • Birth certificates of children born in the U.S.
  • Dated bank transactions
  • Automobile license receipts or registration
  • Deeds, mortgages, rental agreement contracts
  • Tax receipts, insurance policies

3. Recent border crossers will be a priority for deportation.

You must have been in the United States for at least five years to qualify for these programs. These executive actions will not benefit immigrants who recently crossed the border, who may cross the border in the future, or who help those who cross in the future, but rather immigrants who have been living in the United States for years. By refocusing our border security, the President’s actions have increased the chances that anyone attempting to cross the border illegally today will be caught and then sent back.

4. Hire an experienced, licensed attorney

Many organizations offer help with immigration services. Unfortunately, not all are authorized to do so. While many of these unauthorized practitioners mean well, all too many of them are out to rip you off. So please be mindful of scams and potential fraud out there. Only hire an experienced, licensed attorney.

Don Chairez is a lawyer, and is a member of both the California and Nevada State Bars. He is also a former District Court Judge. He has over 30 years of legal experience and is a highly skilled immigration attorney. He will help you prepare for your application and provide the necessary guidance so you can safely navigate this difficult process.

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